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Ancient Monuments and Archaeological Areas Act 1979
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Changes and effects yet to be applied to Section 5:
- s. 1(3A) inserted by 2023 asc 3 Sch. 13 para. 20(b)
- s. 1AA-1AE omitted by 2023 asc 3 Sch. 13 para. 21
- s. 7(4A) inserted by 2016 anaw 4 s. 10(2)
- s. 33(1A) inserted by 2023 asc 3 Sch. 13 para. 35(a)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(3A) inserted by 2023 asc 3 Sch. 13 para. 20(b)
- s. 1AA-1AE omitted by 2023 asc 3 Sch. 13 para. 21
- s. 7(4A) inserted by 2016 anaw 4 s. 10(2)
- s. 33(1A) inserted by 2023 asc 3 Sch. 13 para. 35(a)
5 Execution of works for preservation of a scheduled monument by Secretary of State in cases of urgency.E+W
(1)If it appears to the Secretary of State that any works are urgently necessary for the preservation of a scheduled monument he may enter the site of the monument and execute those works, after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven days’ notice in writing of his intention to do so.
(2)Where the Secretary of State executes works under this section for repairing any damage to a scheduled monument—
(a)any compensation order previously made in respect of that damage under [F1section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 [F2or Chapter 2 of Part 7 of the Sentencing Code]] (compensation orders against convicted persons) in favour of any other person shall be enforceable (so far as not already complied with) as if it had been made in favour of the Secretary of State; and
(b)any such order subsequently made in respect of that damage shall be made in favour of the Secretary of State.
[F3(3)If it appears to the Secretary of State that any works are urgently necessary for the preservation of a scheduled monument situated in England, he may (instead of acting as mentioned in subsection (1) above) authorise the Commission to enter the site of the monument and execute the works as are specified in the authorisation.
(4)In that case, the Commission may enter the site and execute the works after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven day’s notice in writing of their intention to do so.
(5)Where the Secretary of State gives an authorisation under subsection (3) above, subsection (2) above shall have effect with the substitution of “Commission” for “Secretary of State” (in each place) and of “execute” for “executes”.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in s. 5(2)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 58
F2Words in s. 5(2)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 40 (with Sch. 27); S.I. 2020/1236, reg. 2
F3S. 5(3)–(5) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 30
5 Execution of works for preservation of a scheduled monument by Secretary of State in cases of urgency.S
(1)If it appears to [F4Historic Environment Scotland] that any works are urgently necessary for the preservation of a scheduled monument [F5it] may enter the site of the monument and execute those works, after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven days’ notice in writing of [F6its] intention to do so.
(2)Where the Secretary of State executes works under this section for repairing any damage to a scheduled monument—
(a)any compensation order previously made in respect of that damage under [F7section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 [F8or Chapter 2 of Part 7 of the Sentencing Code]] (compensation orders against convicted persons) in favour of any other person shall be enforceable (so far as not already complied with) as if it had been made in favour of the Secretary of State; and
(b)any such order subsequently made in respect of that damage shall be made in favour of the Secretary of State.
[F9(3)If it appears to the Secretary of State that any works are urgently necessary for the preservation of a scheduled monument situated in England, he may (instead of acting as mentioned in subsection (1) above) authorise the Commission to enter the site of the monument and execute the works as are specified in the authorisation.
(4)In that case, the Commission may enter the site and execute the works after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven day’s notice in writing of their intention to do so.
(5)Where the Secretary of State gives an authorisation under subsection (3) above, subsection (2) above shall have effect with the substitution of “Commission” for “Secretary of State” (in each place) and of “execute” for “executes”.]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F4Words in s. 5(1) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 9(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F5Word in s. 5(1) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 9(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F6Word in s. 5(1) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 9(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F7Words in s. 5(2)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 58
F8Words in s. 5(2)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 40 (with Sch. 27); S.I. 2020/1236, reg. 2
F9S. 5(3)–(5) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 30
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